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ARB.P.No.406of2014 SAYA SALES(P)LTD. Petitioner
Through: Mr. M. Dev Kamal and Mr. Gaurav Singh,Advocates.
Through: Counsel(presence notgiven).
ORDER
1. This is a petition under Section 11 ofthe Arbitration and Conciliation Act, 1996('Act')filed by Saya Sales(P)Ltd.('SSPL')seeking reference of the disputes that have arisen between the Petitioner and Respondent No.l in the context ofthe agreement dated L'April 2007,renewed on April 2008 between the parties,to arbitration.
2. The disputes according to the Petitioner, are about the failure of Respondent No.l to pay C&F charges and the refund ofsecurity in terms ofthe said agreement.
3. Since the agreement is only between the Petitioner and Respondent No.l, Respondent No.2, the Managing Director of Respondent No.l, is nota necessary party to the arbitration proceedings. ARB.P.No.406of2014 p„ggi„f[2] 2014:DHC:7502
4. Learned counsel for Respondent No.l states that the Respondent No. 1 also has counter-claims againstthe Petitioner.
5. In the above circumstances,the disputes between the parties,including the claims and counter-claims, are referred to arbitration. This Court appoints Mr. Anil K. Airi, Advocate residing at B-5, Nizamuddin East, New Delhi-110013(Tel. Nos.24358396 and 24358397)as sole Arbitrator to adjudicate the disputes between the parties. The arbitration shall take place under the aegis of the Delhi International Arbitration Centre ('DAC'). The fees ofthe learned Arbitrator will be in terms ofthe Delhi High Court Arbitration Centre(Arbitrators'Fees)Rules.
6. The petition is disposed of. A copy ofthis order be communicated to the learned Arbitrator as well as Secretary,DAC forthwith.
7. Order dasti.